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2006-421
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2006-421
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Last modified
9/1/2016 4:37:29 PM
Creation date
9/30/2015 10:25:50 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/14/2006
Control Number
2006-421
Agenda Item Number
Executed by Administrator
Entity Name
Bell South Master Agreement
Subject
Indian River County Library
Supplemental fields
SmeadsoftID
5996
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BELLSOUTH <br /> Addendum to Master Contract for Indian River County Library <br /> BellSouth Business Services Master Agreement # CPG-11097 <br /> Quote # BBS051201133248 <br /> Term The undersigned Customer hereby orders from BellSouth Business Systems, Inc on behalf of BellSouth <br /> Telecommunications, Inc. ("BellSouth") the BellSouth Business Services of the type, at the location and <br /> for the prices and term specified in this Addendum and its related Addendum Detail Form(s) (collectively, <br /> this "Addendum"). BellSouth Business Service is provided, and this Addendum is submitted, subject to <br /> and in accordance With BellSouth Business Services Master Agreement, and all applicable acceptable <br /> use policies. This Addendum is valid only when accepted by an authorized representative of BellSouth. <br /> The term of the Service begins upon completion of installation and activation by BellSouth, unless <br /> terminated earlier as set forth herein or in accordance with the provisions set forth in the BellSouth <br /> Business Services Master Agreement. This Contract shall be extended for additional one year terms <br /> under the same terms and conditions herein unless either party provides written notice of its intent not to <br /> renew the Contract at least sixty (60) days prior to the expiration of the initial term or each additional one- <br /> yearterm . <br /> Additional Terms and Conditions <br /> 1 . Pre-qualification does not guarantee service availability at the installation location. Although <br /> Customer's line pre-qualified for Service there are circumstances beyond BellSouth's control that may <br /> result in Customer's inability to receive this Service. Some of these limitations are not detectable until <br /> BellSouth's installers are at Customer's location and attempt installation of the Service. If it is determined <br /> that BellSouth is unable to install this Service, Customer will not incur any charges associated with the <br /> attempted provisioning of Service for the affected location(s) . <br /> 2. If Customer cancels its Services or any portion thereof, or has its Services or any portion thereof <br /> terminated pursuant to Section 12(a) or 12(b) of the BellSouth Business Services Master Agreement, <br /> prior to the expiration of the minimum term selected herein, Customer shall be obligated to pay BellSouth <br /> a termination charge equal to 50% of the total monthly charges (other than variable usage charges) that <br /> would have become due for the remainder of the scheduled minimum term if such termination had not <br /> occurred. Such termination charge shall be paid to BellSouth within thirty (30) days after such <br /> cancellation. <br /> 3. If Customer cancels installation of the Services, or part of a service order, before the installation due <br /> date, Customer shall be obligated to pay BellSouth cancellation charges equal to 50% of all the standard <br /> nonrecurring charges associated With the order, or that part of the order being Cancelled . <br /> 4. Customer may incur additional charges in the event BellSouth has to build out additional facilities in <br /> Addendum to provision Customer's Services. Customer will be notified of such additional charges and <br /> may terminate the Services without incurring cancellation charges. <br /> 5. This Addendum may be executed in one or more counterparts, each of which shall be deemed an <br /> original and all of which shall be taken together and deemed to be one instrument. The Parties agree that <br /> a facsimile or electronic transmission of each Party's signature to this Addendum and Orders hereunder <br /> Will be deemed an original and the best evidence thereof for all purposes, including, without limitation , all <br /> evidentiary purposes before any arbitrator, court or other adjudicatory authority. <br /> 6. CUSTOMER HAS READ AND AGREES TO BE BOUND BY THIS ADDENDUM , INCLUDING THE <br /> APPLICABLE ADDENDUM DETAIL FORM (S) AND THE BELLSOUTH BUSINESS SERVICES <br /> MASTER AGREEMENT AND RATE SCHEDULES, AND ALL APPLICABLE ACCEPTABLE USE <br /> POLICIES, ALL OF WHICH REPLACE AND SUPERSEDE ANY OTHER NEGOTIATIONS, <br /> AGREEMENTS, PROPOSALS AND COMMUNICATIONS (ORAL OR WRITTEN) RELATING TO THE <br /> SERVICES LISTED OR DESCRIBED ON THIS ADDENDUM AND SHALL PREVAIL OVER ANY <br /> ADDITIONAL OR CONFLICTING TERMS IN ANY PURCHASE ADDENDUM , INVOICE, <br /> ACKNOWLEDGMENT OR OTHER SIMILAR DOCUMENT ISSUED BY CUSTOMER. <br /> CONFIDENTIALIPROPRIETARY — NQT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION <br /> Version: 12/2005 Page 15 of 19 Customer InRials: <br /> Created On: June 28, 2006 CCP-12457 Date: <br />
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